The following is a previous news:
Cixi has always been called "the capital of small household appliances". There are many enterprises engaged in the production and sales of household appliances such as refrigerators, washing machines and electric fans. Some small and medium-sized enterprises use "tying well-known brands" to mark similar well-known brands on products or packaging, thus increasing product sales.
Yesterday, the Intellectual Property Court of Cixi People's Court heard the first case of foreign-related intellectual property disputes. Electrolux Limited sued Qingdao Electrolux Electric Appliance Co., Ltd., Ningbo Aowei Electric Appliance Co., Ltd. and Ningbo VIOS Electric Appliance Co., Ltd. on the grounds of trademark infringement and unfair competition.
Pronunciation and icons are very similar.
Before the trial, the reporter saw several people move two unopened refrigerators and washing machines into the court and put them on the plaintiff's desk.
Because this is the first case of foreign-related intellectual property disputes, there are many people sitting in the gallery. Some of them were attended by representatives of various enterprises invited by Cixi Court.
After the trial, lawyer Luo, the agent of the limited company, said that the limited company had registered the "Electrolux" trademark in the enterprise name of 1996, Qingdao Electrolux Electric Appliance Co., Ltd. (hereinafter referred to as Qingdao Electrolux), which infringed the trademark rights of the "elite".
At the same time, lawyer Luo pointed to the refrigerator next to the plaintiff's seat and said that the icons used in the refrigerator produced by Ningbo Aowei Electric Appliance Co., Ltd. (hereinafter referred to as Ningbo Aowei) are very similar to trademarks in pronunciation and triangle icons.
"This infringes the trademark rights of the limited company and causes unfair competition," said lawyer Luo.
The enterprise name and trademark have been registered.
"The name of Qingdao Electrolux Electric Appliance Co., Ltd. is registered by the Industrial and Commercial Bureau, which is legal and there is no infringement." Electrolux's agent said.
For similar triangle icons, the representatives of Ningbo Aowei have different views. "This icon is composed of triangles, circles and squares. It is a very common shape and does not belong to a special design type."
Ningbo Aowei's trademark "Ellacks" has also been registered by the State Trademark Office, and its scope of use also includes refrigerators.
The trial lasted until noon 12, with the trial in the middle. In order to ensure the normal trial of the case in the afternoon, the presiding judge can only announce an adjournment and arrange another time for the trial.
Consumers are misled into thinking that "Elekes" is Electrolux.
At 2: 30 in the afternoon, Electrolux Co., Ltd. and Qingdao Electrolux and Ningbo VIOS Electric Appliance Co., Ltd. (hereinafter referred to as Ningbo VIOS) held a hearing on the intellectual property dispute.
During the trial, Lawyer Luo directly stated that the washing machine produced by Ningbo VIOS was marked with the words "Elekes" on the packaging and the washing machine body, and the words "Qingdao Electric Appliance Co., Ltd." were marked below it, misleading consumers.
"A consumer once found the after-sales service point of Electrolux Co., Ltd. after purchasing the washing machine produced by Ningbo VIOS." Lawyer Luo said: "This means that in the sales process, some people or some signs mislead consumers into thinking that this is a washing machine produced by a limited company."
In this regard, the representative of Ningbo Vio said: "We are OEM, and the labeling format of the trademark is agreed with Qingdao Electrolux in advance, and it is produced in full accordance with their design."
"Iron brand" can't bring long-term benefits.
After the trial, the business representatives who attended lamented: "It is really right to attend the Cixi court this time. Understand a lot of legal knowledge about intellectual property rights. "
Shen Ping, a staff member of the Intellectual Property Court, told the reporter that many small and medium-sized enterprises in Cixi opened the market by hitchhiking and increased sales. These acts will infringe on trademark rights, patents, etc. , causing unfair competition.
Although "tying famous brands" can bring benefits to enterprises in a short time, enterprises need to establish their own brands and master core technologies if they want to become stronger and bigger.